While the idea of complete equality (for men) had become a written and official dream, it would not become even a near reality in the coming future. Even as John Hancock signed his name to the Declaration, slavery was alive and well. Even Jefferson, who had penned the words of equality, was a slave owner. But it did not stop at slavery.

The constitution did not directly declare or defend the natural rights of individuals that were so important at the time. Immediately a call went out for an amendment, a Bill of Rights. Many states refused to ratify the Constitution without the Bill of Rights, and in turn 12 amendments were presented in 1789 of which 10 were ratified in 1791. According to the states, “having at the time of their adopting the Constitution, expressed a desire in order to prevent misconstruction or abuse of its powers”5 

Even with the Bill of Rights as a precautionary guard against the government taking away human rights, minorities and women still were not recognized and granted their natural rights. By definition, the Natural Rights that founded the Declaration, Constitution, and Bill of Rights are rights granted to all creatures of nature including humans. The term human is taken to include both male and female, black and white. So why was it not recognized in full context by the government?

Several decades later, the Cherokee Indians became a prime example of government intrusion and failure to recognize human rights. The Cherokees living in the state of Georgia were a sovereign nation with their own land, their own leaders, and their own laws. The Cherokees tried to conform to the ways of their intrusive white neighbors, but found their land and lives being tossed between state and national governments as well as from president from president. The United States government, on both levels, could never reach a conclusion on the standing of the Cherokees.

By law of the Constitution, “All persons born in the United States…are citizens of the United States and of the state in which the reside.”6 Yet the Supreme Court ruled at separate times and in separate cases that neither Cherokees nor Blacks were US Citizens, causing Dred Scott to lose any chance at freedom and the Cherokees no standing in defending themselves legally. The Cherokees were left helpless, as their court had no standing outside their own nation. A shocked nation watched as whites began moving onto Cherokee land forcing families out with fire to fend their own.7

Georgia’s land raffle caused the break-up of Cherokee homes and families, forcing many loved ones to never reunite again. Women and children were arrested for living in houses on land that was rightfully their own, whites even stole gold and livestock from the Cherokees before taking their properties. Prior to the 1832 Supreme Court decision recognizing Cherokee sovereignty in Georgia President Jackson could have stepped in to at least restrict the actions of Georgia.7 The lottery of land that was not officially Georgia's to begin with should have been stopped as soon as it was discovered.

The Cherokees never received the Natural Rights promised to them by God, the Declaration, Constitution, or Bill of Rights. Luckily, women and blacks were recognized and eventually returned their rights in Constitutional amendments. But the question still remains as to why it took decades for them to receive the rights clearly granted to them in early government documents. The ideas of Natural Rights granted to humans may be very old, but they are only being realized today.

back to page one on Human Rights...

Works Cited

[1] Edwords, Fred. The Advance of Human Rights. The Humanist, v.58 p 7-10

2 Paine, Thomas. Common Sense. Penguin Books. 1987. Pg. 65

1 Edwords, Fred. The Advance of Human Rights. The Humanist, v.58 p 7-10

3 The Declaration of Independence Today. Time Magazine. V. 154 no27 p. 80-83

4 The Declaration of Independence

5 Preamble to the Bill of Rights

6 Constitution of the United States

7 The Cherokee Removal